No formal invalidity of the utility bill in the event of an estimate
> February 2015
The complaining tenant had calculated a utility cost credit balance to his benefit and requested this amount to be paid out to him by the landlord. However, the landlord’s settlement showed a debit balance for the tenant.
A note at the end of the utility bill stated that the heating costs used had been estimated on the basis of the percentage consumption in the previous year and the costs of hot water in comparable rooms. The tenant considered this a breach of the formal requirements for a proper utility bill. The tenant was not successful with his complaint at the FCJ (ruling of 12th November 2014 – VIII CR 112/14). FCJ explained that the question of whether the costs assessed for the tenant are based on measured values read off or on estimates is not relevant for the formal regularity of a utility bill. Moreover, the question of whether the estimate made is in line with the requirements of Art. 9a of the German Heating Costs Ordinance is also not relevant. Only the correctness of the utility bill’s content is relevant for the substantive correctness of the utility bill.
With this ruling the FCJ confirms its tendency to place only low requirements on the formal conditions for a utility bill. The correctness of the utility bill’s content does not affect the formal correctness of the utility bill and, as a result, compliance with the billing period. As a result, the question of whether the costs assessed for the tenant are based on an estimate or on actual values read off is not relevant for formal regularity of a utility bill. Moreover, the question of whether the estimate by the landlord fulfils the requirements specified in Art. 9a of the Heating Costs Ordinance is also irrelevant for formal effectiveness.